Section 3-807 - Extended work-release program.
§ 3-807. Extended work-release program.
(a) Authority to establish.- The Division may establish an extended work-release program.
(b) Purpose.- Under the extended work-release program, an inmate who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:
(1) to work at gainful employment;
(2) to live in a noninstitutional environment; or
(3) under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.
(c) Investigation.- When an inmate who has been convicted of desertion or nonsupport of spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner's designee to determine the advisability of placing the inmate in the extended work-release program.
(d) Approval; adoption of extended work-release plan; revocation.-
(1) (i) After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner's designee may approve, disapprove, or defer action on the placement of an inmate in the extended work-release program.
(ii) If an inmate is approved for placement in the extended work-release program, the Commissioner or the Commissioner's designee shall adopt an extended work-release plan for the inmate.
(2) An extended work-release plan:
(i) shall contain terms and conditions that are necessary and proper;
(ii) shall be signed by the inmate before the inmate participates in the program; and
(iii) may be conditioned on the inmate's agreement to waive the right to contest extradition proceedings.
(3) At any time and for any reason, the Commissioner may revoke approval for an inmate to participate in the extended work-release program.
(e) Terms and conditions.- In addition to any other terms and conditions contained in an extended work-release plan, a plan may provide:
(1) that the inmate's earnings be used to support the inmate's family and reimburse the State for the inmate's room and board; and
(2) (i) that the inmate work at gainful employment during necessary and reasonable hours;
(ii) that the inmate live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or
(iii) in special cases, to serve the general welfare and the best interests of the inmate's family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the inmate live at home under intensive supervision by the Division of Parole and Probation.
(f) Custody.-
(1) An inmate who has been placed in an extended work-release plan, including an inmate who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an inmate who is actually confined in a correctional facility until the inmate:
(i) is pardoned or paroled; or
(ii) has served the inmate's full sentence less any diminution credits awarded under Subtitle 7 of this title.
(2) If the Commissioner revokes an extended work-release plan, the inmate shall be returned to actual confinement in a correctional facility until a new plan is approved for the inmate.
(g) Other State units.- Other State units, including the Department of Human Resources and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work-release program.
(h) Regulations.- The Commissioner may adopt regulations to implement the extended work-release program.
(i) Violations; penalty.-
(1) An inmate who is released from actual confinement under an extended work-release program may not willfully violate the terms of authorization for release in the inmate's extended work-release plan.
(2) An inmate who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9-404 of the Criminal Law Article.
[An. Code 1957, art. 27, § 700E; 1999, ch. 54, § 2; ch. 422, § 3; 2002, ch. 213, § 6.]